Uncontested Divorce in Australia.
Divorce proceedings do not have to be emotionally daunting. At times, a couple will come to an agreement that the relationship is no longer functional. They may, therefore, decide to end things peacefully, a situation known as uncontested divorce. Below are a few things you need to know about uncontested divorce.
Divorce Filing
One of the parties has to file for divorce at the Australian family court. Your family lawyer will ensure that you meet the minimum divorce requirements. For example, the marriage should be legally recognised in Australia, and you must be separated for at least one year. Couples married for less than two years should have a counselling certificate from a qualified marriage counsellor.
Earlier Agreements
Pre- and postnuptial agreements significantly ease the divorce process. These are contracts a couple makes before or after their marriage detailing how they would want to handle their affairs should the union come to an end. The agreements mainly specify matters regarding property settlement and child custody.
Property Settlement
If you did not have an earlier agreement, you have to meet with your spouse to discuss how you will divide your assets and raise your kids. One of the main challenges that couples face during negotiation is selfishness. If one of the parties think that they should have a significant share of the property, then the proceedings are likely to fail.
You could also choose to engage your lawyers through a mediation process. They will guide you to ensure a favourable outcome. At the end of the negotiation or mediation process, your lawyers will draft a legally binding agreement detailing how property will be shared when the marriage comes to an end.
Parenting Plan
It is a document detailing how you intend to raise your kids. The Australian family court relies on equal shared parenting. Therefore, your plan must ensure that the kids spend time with both parents.
When preparing the parenting plan, think about your children's interests. For example, do they need to change schools if one of the parents intends to move out of the state? Remember that the kids will require the attention of both parents at times. Therefore, reserve some holidays or weekends for family time. Decisions on how to raise the children should not be made unilaterally.
Do not attempt to coerce or blackmail your partner into signing unreasonable divorce agreements. If you do, you risk facing legal action in the future.
An uncontested divorce is a quick and efficient way to dissolve a failed marriage. For the process to work, the couple must agree on how to share property and raise their children.
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